PRIVACY POLICY
This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online service and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter collectively referred to as “online service”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Controller
Gerald Lechtaler
Lechtaler GmbH
Flotzbachstraße 33
6922 Wolfurt
+43 (0) 664 888 66 462
[email protected]
Types of data processed:
– Inventory data (e.g. names, addresses).
– Contact details (e.g. e-mail, telephone numbers).
– Content data (e.g. text entries, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta data and communication data (e.g. device information, IP addresses).
Categories of data subjects
Visitors and users of the online service (hereinafter we also refer to the data subjects collectively as “users”).
Purpose of the processing
– Provision of the online service, its functions and content.
– Answering contact requests and communicating with users.
– Safety measures.
–Reach measurement and marketing
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is far-reaching and covers practically any handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
The “controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we shall inform you of the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR; the legal basis for processing to fulfil our services and carry out contractual measures as well as to answer requests is Art. 6 para. 1 lit. b GDPR; the legal basis for processing to comply with our legal obligations is Art. 6 para. 1 lit. c GDPR; and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Art. 6 para. 1 lit. d GDPR shall serve as the legal basis.
Safety measures
We take appropriate technical and organisational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, to ensure a level of safetyls appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, safeguarding of availability and its separation. We have also set up procedures to ensure that data subjects’ rights are exercised, data are erased and data threats are managed. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes, in accordance with data protection by design and by default (Art. 25 GDPR).
Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer data to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of the contract in accordance with Art. 6 para. 1 lit. b GDPR), on the basis of your consent, on the basis of a legal obligation that provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of an “order processing contract”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to comply with our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we shall process data or arrange for data to be processed in a third country only if the specific requirements of Art. 44 et seq. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (“standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other data controllers.
In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the relevant supervisory authority.
Right of withdrawal
You have the right to withdraw your consent in accordance with Art. 7 para. 3 GDPR with effect for the future
Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection may be made in particular to processing for direct marketing purposes.
Cookies and the right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. For example, the content of a shopping cart in an online store or a login status can be stored in such a cookie. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit the site several days later. The interests of users can also be stored in such a cookie and employed for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only the controller’s cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies. We provide information about this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online service.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be disabled in the browser settings. Please note that you may then not be able to use all the functions of this online service.
Erasure of data
The data processed by us will be erased or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be erased as soon as they are no longer required for their intended purpose and the erasure does not conflict with any statutory retention obligations. If the data are not erased because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the retention period is 10 years in accordance with Sections 147 para. 1 AO [Abgabenordnung – German tax law], Section 257 para. 1 no. 1 and 4, para. 4 HGB [Handelsgesetzbuch = German Commercial Code] (books, records, management reports, vouchers for accounting entries, commercial records, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, the retention period is 7 years in accordance with Section 132 para. 1 BAO [Bundesabgabenordnung – Austrian Federal Tax Code] (accounting documents, receipts and invoices, accounts, receipts, business papers, statement of income and expenses, etc.), 22 years in connection with real estate and 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-business persons in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Agency services
We process our customers’ data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis and consulting services as well as training services.
We process inventory data (e.g. customer master data, such as names or addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing measures). In principle, we do not process special categories of personal data unless these are part of commissioned processing. The data subjects include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing is Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimisation, safetyls measures). We process data that are required to justify and comply with the contractual services and point out the necessity of providing these data. Data are only disclosed to external parties if necessary in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.
We erase the data after the expiry of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, data are erased after their expiry (6 years, pursuant to Section 257 (1) HGB, 10 years, pursuant to Section 147 (1) AO). In the case of data disclosed to us by the client as part of an order, we erase the data in accordance with the specifications of the order, generally after the end of the order.
Administration, financial accounting, office organisation, contact management
We process data as part of administrative tasks and the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. Data are processed on the basis of Art. 6 para. 1 lit. c. GDPR and Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The erasure of data with regard to contractual services and contractual communication corresponds to the information specified in these processing activities.
We disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other customs offices and payment service providers.
We also store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. In principle, we store these primarily company-related data permanently.
Akismet anti-spam checker
Our online service uses the “Akismet” service provided by Automattic Inc, 60 29th Street #343, San Francisco, CA 94110, USA. The use is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR. This service helps distinguish comments from real people from spam comments. For this purpose, all comments are sent to a server in the USA, where they are analysed and stored for four days for comparison purposes. If a comment has been classified as spam, the data will be stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, details of the browser used, the computer system and the time of the entry.
Further information on the collection and use of data by Akismet is available in Automattic’s privacy policy: https://automattic.com/privacy/.
Users are welcome to use pseudonyms or refrain from entering their name or e-mail address. You can completely prevent the transfer of data by not using our comment system. That would be a shame, but unfortunately we do not see any other alternatives that work quite as effectively.
Contact us
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user’s details will be used to process the contact request and its handling in accordance with Art. 6 para. 1 lit. b. (in the context of contractual and pre-contractual relationships) and Art. 6 para. 1 lit. f. (other requests) of the GDPR. User data may be stored in a customer relationship management system (“CRM system”) or comparable request organisation.
We delete the requests if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Hosting and e-mail delivery
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, safetyls services and technical maintenance services that we use for the purpose of operating this online service.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR (conclusion of an order processing contract).
Collection of access data and log files
On the basis of our legitimate interests under the meaning of Art. 6 para. 1 lit. f. GDPR, we, or our hosting provider, collect data on every access to the server on which this service is located (known as server log files). The access data include the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for safetyls reasons (e.g. to investigate misuse or fraud) for a maximum of 7 days and then erased. Data whose further retention is required for evidentiary purposes are excluded from deletion until the respective incident is conclusively clarified.
Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses “cookies”. These are text files that are stored on your computer and enable your use of the website to be analysed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analysing user behaviour so as to optimise both its website and its advertising.
IP anonymisation
We have activated the IP anonymisation function on this website. As a result, your IP address will be shortened by Google within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
Browser Plugin
You may refuse the use of cookies by selecting the appropriate settings on your browser; however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: Deactivate Google Analytics.
You can find more information on how Google Analytics handles user data in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.
Order data processing
We have concluded a contract with Google for order data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic characteristics in Google Analytics
This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain information on the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section “Objection to data collection”.
Jetpack (WordPress Stats)
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service within the meaning of Art. 6 para. 1 lit. f. GDPR), we use the Jetpack plugin (in this case the sub-function “WordPress Stats”), which integrates a tool for the statistical evaluation of visitor access and is provided by Automattic Inc, 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses “cookies”, text files which are stored on your computer and which enable your use of the website to be analysed.
The information generated by the cookie about your use of this online service is stored on a server in the USA. User profiles can be created from the processed data, whereby these are only used for analysis and not for advertising purposes. Further information can be found in Automattic’s privacy policy: https://automattic.com/privacy/ and notes on Jetpack cookies: https://jetpack.com/support/cookies/.
Integration of third-party services and content
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service within the meaning of Art. 6 para. 1 lit. f. GDPR), we use content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content are aware of the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers use the IP address solely to deliver the content. Third-party providers may also use what are known as pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and contain, among other things, technical information about the browser and operating system, referring websites, visit time and other information about the use of our online service, and may also be linked to such information from other sources.